2006 New York Code - Reimbursement To Counties For Pre-school Children With Handicapping Conditions.

 
    §  368-e.  Reimbursement  to  counties  for  pre-school  children with
  handicapping conditions. * 1. The department  shall  review  claims  for
  expenditures made by counties and the city of New York for medical care,
  services  and  supplies  which  are furnished to preschool children with
  handicapping conditions or such preschool children suspected  of  having
  handicapping  conditions,  as such children are defined in the education
  law. If approved by the  department,  payment  for  such  medical  care,
  services  and  supplies  which would otherwise qualify for reimbursement
  under this title and which are furnished in accordance with  this  title
  and the regulations of the department to such children, shall be made in
  accordance   with  the  department's  approved  medical  assistance  fee
  schedules by payment to such county or city which  furnished  the  care,
  services  or  supplies  either directly or by contract, of the amount of
  any federal funds properly received or to be received on account of such
  expenditures. Notwithstanding any provisions of law, rule or  regulation
  to  the contrary, any clinic or diagnostic and treatment center licensed
  under article twenty-eight of the public health law, which as determined
  by the state education department, in conjunction with the department of
  health, has a less than  arms  length  relationship  with  the  provider
  approved  under  section  forty-four  hundred  ten  of the education law
  shall, subject to the approval of the department and based on  standards
  developed  by  the  department,  be  authorized  to directly submit such
  claims for medical assistance, services or supplies so furnished for any
  period beginning on or after July first, nineteen hundred  ninety-seven.
  The  actual  full  cost  of  the  individualized education program (IEP)
  related services incurred by the clinic shall be  reported  on  the  New
  York  State  Consolidated  Fiscal  Report  in  the education law section
  forty-four hundred ten program cost  center  in  which  the  student  is
  placed  and  the associated medical assistance revenue shall be reported
  in the same manner.
    * NB Effective until July 1, 2007
    * 1. The department shall  review  claims  for  expenditures  made  by
  counties  and  the  city  of  New  York  for  medical care, services and
  supplies which are furnished to  preschool  children  with  handicapping
  conditions  or  such preschool children suspected of having handicapping
  conditions, as such children  are  defined  in  the  education  law.  If
  approved  by the department, payment for such medical care, services and
  supplies which would otherwise  qualify  for  reimbursement  under  this
  title  and  which  are  furnished  in accordance with this title and the
  regulations of the  department  to  such  children,  shall  be  made  in
  accordance   with  the  department's  approved  medical  assistance  fee
  schedules by payment to such county or city which  furnished  the  care,
  services  or  supplies  either directly or by contract, of the amount of
  any federal funds properly received or to be received on account of such
  expenditures. Notwithstanding any provisions of law, rule or  regulation
  to  the contrary, any clinic or diagnostic and treatment center licensed
  under article twenty-eight of the public health law, or articles sixteen
  and thirty-one of the mental hygiene law, which submitted  a  claim  for
  such  reimbursement  payments  on  or  before  June  thirtieth, nineteen
  hundred ninety-five, shall, subject to the approval  of  the  department
  and  based  on  standards  developed  by  the department, continue to be
  authorized to  directly  submit  such  claims  for  medical  assistance,
  services  or supplies so furnished for any period thereafter until March
  thirty-first, nineteen hundred ninety-seven or such later  date  as  the
  commissioner shall authorize pursuant to regulation.
    * NB Effective July 1, 2007
    2.  Claims  for  payment under this section shall be made in such form
  and manner, at such times, and for such periods as  the  department  may
  require.
    3.  The  department's  liability for payment for expenditures by or on
  behalf of such county or the city of New York for services furnished  to
  preschool children under this section shall be limited solely to payment
  of  the  federal  funds  received, or to be received, on account of such
  expenditures. In the event of any subsequent disallowances or recoupment
  of such funds by a federal governmental agency, the  commissioner  shall
  withhold such amount from any moneys otherwise due the county or city of
  New York under this chapter.